Med. Cannabis growing in Germany

In a press release dated July 20, 2018, the Federal Institute for Drugs and Medical Devices announced the requirements for the new tender for the cultivation and purchase of cannabis for exclusively medical purposes in Germany, which is expected to be available from cultivation in Germany from 2020.

According to the tender, a total of 10,400 kg of medical cannabis, spread over four years of 2,600 kg each, will be cultivated.

The new invitation to tender provides for 13 lots with an annual quantity of 200 kg each, and thus 3 lots more than the original invitation to tender, which was limited to a maximum of 10 lots and which had initially been stopped by the Higher Regional Court of Düsseldorf on 28.03.2018 (Ref.: VII-Verg 40/17).

The submission deadline for the offer has now been set for 22.10.2018 at 12.00 noon.

In Dr. Späth & Partner’s opinion, the new tender also brings some advantages especially for German applicants, since, unlike the original tender, cultivation experience with medicinal cannabis is no longer explicitly required and the purely German applicants were massively disadvantaged, as they could not yet have any cultivation experience at all due to the previous ban on cultivation.

Nevertheless, in the opinion of Dr. Späth & Partner, applicants or applicant communities should once again consider whether they can meet the quite high requirements:

A decisive criterion now is the price, because the supplier with the lowest price offer now receives 40 points.

Up to 60 additional points will be awarded for the quality of the technical equipment of the plant, quality of the technical and structural equipment, quality of the concept for cultivation, concept for the selection and training of personnel, as well as for the safety concept to prevent the unauthorized use of cannabis.

Thus, the requirements for a medical cannabis license are quite high.

Companies from Germany and abroad who wish to become active in the field of medical cultivation license or medical cannabis import to Germany can contact Dr. Späth & Partner Rechtsanwälte, we will be pleased to advise you.

We therefore advise you on the following legal issues in the medical cannabis law: